NAPCO will correct by repair, or at NAPCO's option by replacement, f.o.b. NAPCO's plant, any defect in workmanship or material in any equipment manufactured by NAPCO which may appear under normal and proper use within three months from the date of shipment to Purchaser, provided APCO is given immediate written notice of such defect and reasonable opportunity to inspect the alleged defect at the place of its use and under the conditions of its use. NAPCO makes no warranties as to the products manufactured by it that extend beyond the description of such equipment in NAPCO's official sales brochure and in its sale contract documentation. NAPCO'S OBLIGATION TO CORRECT DEFECTS IN SUCH EQUIPMENT BY REPAIR OR REPLACEMENT IN ACCORDANCE WITH THE FOREGOING PROVISIONS IS IN LIEU OF ANY OTHER WARRANTIES. EXPRESSED OR IMPLIED, AS TO SUCH PRODUCT(S). NAPCO MAKES NO WARRANTIES WHATEVER (INCLUDING ANY IMPLIED WARRANTY OF FITNESS OR MERCHANTABILITY) WITH RESPECT TO ANY AUXILIARY EQUIPMENT OR APPARATUS NOT MANUFACTURED BY NAPCO. NAPCO's obligations under this Warranty are expressly conditional upon the use by Purchaser of only such replacement parts as are manufactured or provided by NAPCO.
The pumping of abrasive or corrosive fluids through NAPCO's pumps may wear the working pans quickly. This is normal wear, given the substances being pumped. The pumping of fluids of higher or lower temperatures than ambient may cause differential expansion or contraction of the pump's working parts and resultant premature failure or loss of efficiency. NAPCO shall not be responsible for any such failure or loss, or any consequences of such failure or loss, unless Purchaser has earlier advised NAPCO in writing of such operating conditions and NAPCO has in writing certified that its pump(s) in question will operate under such conditions without premature failure or loss of efficiency.
Claims - Damage
NAPCO shall in no event be liable to Purchaser or any third party for any special, indirect, consequential or coincidental damages of any kind whatsoever, whether growing out of the use, inability to use, failure of, defects in, the condition of, delay in delivery of, non-delivery or otherwise, of the NAPCO products in question. Purchaser assumes all risk and responsibility for the use of the products and for the results obtained by any such use and agrees to hold NAPCO harmless from any liability arising out of such use by Purchaser, or any subsequent purchaser from Purchaser. In no event shall any claim made by Purchaser be greater than the purchase price of the particular product in respect of which damages are claimed. Issue Date: June 2, 2022